The Supreme Court has upheld a 2011 Ombudsman ruling dismissing Surigao del Sur 1st District representative Prospero Pichay, Jr. as head of the Local Water Utilities Administration (LWUA) for grave misconduct and perpetually disqualifying him from public office. 
The admin case vs Pichay stemmed from LWUA’s acquisition of a thrift bank w/o approval of the Monetary Board and the President. Pichay was LWUA chair from 2008-2011.
Same transaction led to charges of 3 counts of graft and 1 count of violating Manual on Regulations for Banks.
Same transaction led to charges of 3 counts of graft and 1 count of violating Manual on Regulations for Banks.
In affirming the finding of grave misconduct, SC said Pichay proceeded with LWUA's purchase of 445,377 shares of Express Savings Bank, Inc. for P80M without approval of the President and the Monetary Board, despite several letters reminding him of the reqts.
LWUA also deposited P300M and made advance payment of P400M to subscribe to increase in ESBI's authorized capital stock.
LWUA employee-complainants said ESBI was under BSP rehab and LWUA's P480M investment was not protected by govt securities/ESBI's certificate of stocks.
LWUA employee-complainants said ESBI was under BSP rehab and LWUA's P480M investment was not protected by govt securities/ESBI's certificate of stocks.
SC said LWUA’s ESBI transaction resulted in P780M loss on the part of govt.
The undue injury to the govt was also the basis for the SC’s ruling that the Sandiganbayan had probable cause to charge Pichay of graft.
LWUA also did not register the acquisition of ESBI.
The undue injury to the govt was also the basis for the SC’s ruling that the Sandiganbayan had probable cause to charge Pichay of graft.
LWUA also did not register the acquisition of ESBI.
Pichay claimed perpetual DQ under AO 07 only applied to govt positions that involve employment, not to any public office.
SC said AO 07 makes penalties under EO 292 applicable to disciplinary actions which include perpetual DQ from holding public office.
SC said AO 07 makes penalties under EO 292 applicable to disciplinary actions which include perpetual DQ from holding public office.
Pichay, who served as Surigao del Sur 1st District rep from 1998-2007, lost in the 2007 senatorial race before becoming LWUA chair in 2008.
After his dismissal from LWUA, he returned to same seat at HOR and is now running for his 3rd and final term in the May 2022 polls.
After his dismissal from LWUA, he returned to same seat at HOR and is now running for his 3rd and final term in the May 2022 polls.
Copy of the full resolution: sc.judiciary.gov.ph/23961/
FULL STORY:
SC affirms ruling dismissing Pichay from LWUA, barring him from public office
news.abs-cbn.com/news/01/17/22/…
SC affirms ruling dismissing Pichay from LWUA, barring him from public office
news.abs-cbn.com/news/01/17/22/…
House Deputy Speaker Prospero Pichay, Jr’s side here:
Despite SC ruling, Pichay says not perpetually barred from holding public post
news.abs-cbn.com/news/01/18/22/…
Despite SC ruling, Pichay says not perpetually barred from holding public post
news.abs-cbn.com/news/01/18/22/…
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